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Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (Text with EEA relevance)

Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (Text with EEA relevance)

CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject matter and scope

1.

This Regulation lays down rules for the killing of animals bred or kept for the production of food, wool, skin, fur or other products as well as the killing of animals for the purpose of depopulation and for related operations.

However as regards fish, only the requirements laid down in Article 3(1) shall apply.

2.

Chapter II, except for Article 3(1) and (2) thereof, Chapter III and Chapter IV except for Article 19 thereof, shall not apply in case of emergency killing outside of a slaughterhouse or where compliance with those provisions would result in an immediate and serious risk for human health or safety.

3.

This Regulation shall not apply:

  1. where animals are killed:

    1. during scientific experiments carried out under the supervision of a competent authority;

    2. during hunting or recreational fishing activities;

    3. during cultural or sporting events;

  2. to poultry, rabbits and hares slaughtered outside of a slaughterhouse by their owner for his/her private domestic consumption.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

  1. ‘killing’ means any intentionally induced process which causes the death of an animal;

  2. ‘related operations’ means operations such as handling, lairaging, restraining, stunning and bleeding of animals taking place in the context and at the location where they are to be killed;

  3. ‘animal’ means any vertebrate animal, excluding reptiles and amphibians;

  4. ‘emergency killing’ means the killing of animals which are injured or have a disease associated with severe pain or suffering and where there is no other practical possibility to alleviate this pain or suffering;

  5. ‘lairaging’ means keeping animals in stalls, pens, covered areas or fields associated with or part of slaughterhouse operations;

  6. ‘stunning’ means any intentionally induced process which causes loss of consciousness and sensibility without pain, including any process resulting in instantaneous death;

  7. ‘religious rite’ means a series of acts related to the slaughter of animals and prescribed by a religion;

  8. ‘cultural or sporting events’ means events which are essentially and predominantly related to long established cultural traditions or sporting activities, including racing or other forms of competitions, where there is no production of meat or other animal products or where that production is marginal compared to the event as such and not economically significant;

  9. ‘standard operating procedures’ means a set of written instructions aimed at achieving uniformity of the performance of a specific function or standard;

  10. ‘slaughtering’ means the killing of animals intended for human consumption;

  11. ‘slaughterhouse’ means any establishment used for slaughtering terrestrial animals which falls within the scope of Regulation (EC) No 853/2004;

  12. ‘business operator’ means any natural or legal person having under its control an undertaking carrying out the killing of animals or any related operations falling within the scope of this Regulation;

  13. ‘fur animals’ means animals of the mammal species primarily reared for the production of fur such as minks, polecats, foxes, raccoons, coypu and chinchillas;

  14. ‘depopulation’ means the process of killing animals for public health, animal health, animal welfare or environmental reasons under the supervision of the competent authority;

  15. ‘poultry’ means farmed birds, including birds that are not considered to be domestic birds but which are farmed as domestic animals, with the exception of ratites;

  16. ‘restraint’ means the application to an animal of any procedure designed to restrict its movements sparing any avoidable pain, fear or agitation in order to facilitate effective stunning and killing;

  17. ‘competent authorities’ means competent authorities as defined in point (3) of Article 3 of Regulation (EU) 2017/625 of the European Parliament and of the Council(1);

  18. ‘pithing’ means the laceration of the central nervous tissue and spinal cord by means of an elongated rod-shaped instrument introduced into the cranial cavity.

CHAPTER II GENERAL REQUIREMENTS

Article 3 General requirements for killing and related operations

1.

Animals shall be spared any avoidable pain, distress or suffering during their killing and related operations.

2.

For the purposes of paragraph 1, business operators shall, in particular, take the necessary measures to ensure that animals:

  1. are provided with physical comfort and protection, in particular by being kept clean in adequate thermal conditions and prevented from falling or slipping;

  2. are protected from injury;

  3. are handled and housed taking into consideration their normal behaviour;

  4. do not show signs of avoidable pain or fear or exhibit abnormal behaviour;

  5. do not suffer from prolonged withdrawal of feed or water;

  6. are prevented from avoidable interaction with other animals that could harm their welfare.

3.

Facilities used for killing and related operations shall be designed, constructed, maintained and operated so as to ensure compliance with the obligations set out in paragraphs 1 and 2 under the expected conditions of activity of the facility throughout the year.

Article 4 Stunning methods

Article 5 Checks on stunning

Article 6 Standard operating procedures

Article 7 Level and certificate of competence

Article 8 Instructions for the use of restraining and stunning equipment

Article 9 Use of restraining and stunning equipment

Article 10 Private domestic consumption

Article 11 Direct supply of small quantities of poultry, rabbits and hares

Article 12 Imports from third countries

Article 13 Development and dissemination of guides to good practice

CHAPTER III ADDITIONAL REQUIREMENTS APPLICABLE TO SLAUGHTERHOUSES

Article 14 Layout, construction and equipment of slaughterhouses

Article 15 Handling and restraining operations at slaughterhouses

Article 16 Monitoring procedures at slaughterhouses

Article 17 Animal welfare officer

CHAPTER IV DEPOPULATION AND EMERGENCY KILLING

Article 18 Depopulation

Article 19 Emergency killing

CHAPTER V COMPETENT AUTHORITY

Article 20 Scientific support

Article 21 Certificate of competence

CHAPTER VI NON-COMPLIANCE, PENALTIES AND IMPLEMENTING POWERS

Article 23 Penalties

Article 24 Implementing rules

Article 25 Committee procedure

CHAPTER VII FINAL PROVISIONS

Article 26 Stricter national rules

Article 27 Reporting

Article 28 Repeal

Article 29 Transitional provisions

Article 30 Entry into force

ANNEX I

ANNEX II

ANNEX III

ANNEX IV